Township of Willistown, PA Article XI Administration and Enforcement

§ 73-58 General provisions; enforcement of specific provisions.

A. It shall be contingent upon anyone proposing site disturbance activities as herein defined and described to consider the standards contained in this chapter. Unless otherwise directed herein, applications pursuant to the requirements of this chapter which are required as part of submissions pursuant to Chapter 123, Subdivision and Land Development, shall conform to the provisions of said chapter for plan submission and review, inspections, fees, plan amendments, violations and penalties and appeals.

B. Article II, Conservation Practices, Article IV, Woodlands, Article V, Wetlands, Article VI, Floodplain Conservation District, Article VII, Steep Slope Conservation District, and Article X, Landscaping, Buffering and Screening; Development and Construction Standards, as directed herein, shall be administered and enforced pursuant to Chapter 139, Zoning.

[Amended 12-16-2013 by Ord. No. 5-2013]

C. Article IX, Soil Erosion and Sediment Pollution Control, shall be administered and enforced pursuant to Chapter 109, Soil Erosion and Sedimentation Control.

D. For those site disturbance activities not related to submissions pursuant to Chapter 123, Subdivision and Land Development, or to Article VI, FPC Floodplain Conservation District, or Article IX, Soil Erosion and Sediment Pollution Control, the following shall apply:

(1) Any person proposing site disturbance activities shall submit a narrative and/or map which clearly indicates how the standards enclosed herein will be addressed. Such narrative and/or map shall be considered an accompanying document to the permit submissions for those activities requiring a permit under § 109-2, Plan and permit required for certain activities, of Chapter 109.

(2) Provisions regarding the application for a permit (§ 109-3), approval and issuance of a permit (§ 109-6), inspections (§ 109-8), fees (§ 109-9), revocation or suspension of a permit (§ 109-10), performance bond (§ 109-11), remedies (§ 109-12) and violations and penalties (§ 109-13) shall also apply to the narrative and/or map required herein as an accompanying document to the permit application.

E. Stormwater control enforcement, penalties and fees. Pursuant to the provisions of Act 167, the Pennsylvania Stormwater Management Act, as amended, and the Chester County County-wide Act 167 Stormwater Management Plan, as amended, the following enforcement, penalties and fees shall apply to all activities undertaken in conformance with Article VIII, Stormwater Management.

[Added 12-16-2013 by Ord. No. 5-2013[1]]

(1) Public nuisance.

(a) Any regulated activity conducted in the violation of any provision of Article VIII, or any violation of the prohibitions set forth in § 73-44 of Article VIII, is hereby deemed a public nuisance.

(b) Each day that a violation continues shall constitute a separate violation.

(c) A separate violation will be found to exist for each section of this article found to have been violated.

(d) To the extent that the Township does not enforce any provision of Article VIII, such action or inaction shall not constitute a waiver by the Township of its rights of future enforcement hereunder.

(2) Enforcement.

(a) The Township Engineer or other designee is hereby authorized and directed to enforce all of the provisions of Article VIII. The Township Board of Supervisors may delegate enforcement duties, including the initial determination of violation and service of notice, if notice is given, to such other officers or agents as the Township shall deem qualified for that purpose.

(b) It shall be the responsibility of the landowner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the applicable terms and conditions of Article VIII.

(c) All municipal inspections for compliance with the approved SWM site plan shall be the responsibility of the Township or its designee.

(d) During any stage of the work of any regulated activity, if the Township Engineer or other designee determines that the erosion and sediment control measures, permanent BMPs, conveyances or other stormwater facilities are not being installed or maintained in accordance with the approved SWM site plan, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected or until a revised SWM site plan is submitted and approved, if and as determined to be necessary by the Township Engineer or other designee.

(e) In the event that the Township Engineer or other designee finds that a person has violated a provision of Article VIII, or fails to conform to the requirements of any permit or approval issued by the Township, or any O&M plan or O&M agreement approved by the Township, the Township may order compliance by written notice of the violation to the landowner.

(f) Such notice may, without limitation, require the following remedies:

[1] Performance of monitoring, analyses, and reporting;

[2] Elimination of prohibited connections or discharges;

[3] Cessation of any violating discharges, practices, or operations;

[4] Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

[5] Payment of a fine to cover administrative and remediation costs and/or forfeiture of financial security;

[6] Implementation of stormwater controls, BMPs, and conveyances; and

[7] Operation, maintenance or repair of BMPs, conveyances or other stormwater facilities.

(g) Such notice shall set forth the nature of the violation(s), citing to specific sections of Article VIII which have not been met, and establish a time limit for commencement of correction and completion of correction of the violation(s). The notice shall provide for a right of the landowner's appeal to the Township Board of Supervisors in accordance with § 73-58E(5) of Article VIII. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Township or designee, and the expense thereof shall be charged to the violator.

(h) Failure to comply within the time specified in such notice shall also subject such person to the penalty provisions of Article VIII. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.

(3) Suspension and revocation of permits and approvals.

(a) Any building, land development, or other permit or approval issued by the Township may be suspended or revoked by the Township for:

[1] Noncompliance with or failure to implement any provision of the permit or approved SWM site plan or O&M agreement;

[2] A violation of any provision of Article VIII or any other law or regulation applicable to the regulated activity;

[3] The creation of any condition or the commission of any act during the regulated activity that constitutes or creates a hazard or nuisance, or endangers the life, health, safety, or property of others; or

[4] Failure to correct a violation within the allowed time period allowed per notice given by the Township.

(b) Prior to revocation or suspension of a permit, unless there is immediate danger or threat of such danger to life, public health or property, at the request of the applicant, the Township's Board of Supervisors shall schedule a hearing on the violation and proposed revocation or suspension, pursuant to public notice. The expense of a hearing shall be the applicant's responsibility.

(c) A suspended permit or approval may be reinstated by the Township when:

[1] The Municipal Engineer or other designee has inspected and approved the corrections to the BMPs, conveyances or other stormwater facilities, or the elimination of the hazard or nuisance; and

[2] The Township is satisfied that the violation has been corrected.

(d) A permit or approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit or approval in accordance with Article VIII.

(4) Penalties.

(a) Any person violating or permitting the violation of the provisions of Article VIII shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. The establishment of a violation for purposes of setting fines or penalties for such violation shall be in accordance with a citation to a magisterial district judge with jurisdiction and venue over the location of the violation and such an action will be subject to the procedures provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof a violation is found to exist and may be determined for each section of Article VIII which is found to have been violated.

(b) In addition, the Township may, through its solicitor, institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of Article VIII. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the Township's attorney's fees (charged at the hourly rate approved by the Board of Supervisors of the Township) and costs, as may be permitted by law.

(c) Notwithstanding any other provision of Article VIII, the Township shall have the right at any or all times deemed necessary by the Township Engineer or designee to enter upon any property within the Township to inspect and, upon determination of a violation of Article VIII, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.

(5) Appeals.

(a) Any person aggrieved by any action of the Township Engineer or other designee relative to the provisions of Article VIII may appeal to the Township's Board of Supervisors within 30 days of that action.

(b) Any person aggrieved by any decision of the Township's Board of Supervisors relative to the provisions of Article VIII may appeal to the Chester County Court of Common Pleas within 30 days of the date of the Township's written decision.

(6) Township Stormwater Control and BMP Operation and Maintenance Fund. For all stormwater management and BMP operations and maintenance pursuant to Article VIII, the following fees shall be paid as part of an applicant's receiving a certificate of occupancy (C/O):

(a) Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Township Stormwater Control and BMP Operation and Maintenance Fund to help cover the costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

[1] If the BMP or conveyance is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Township, as estimated by the Township Engineer, for a period of 10 years. This is to be paid in a manner specified by the Township. After that period of time, inspections will be performed at the expense of the Township.

[2] If the BMP or conveyance is to be owned and maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Township will establish the estimated costs utilizing information submitted by the applicant.

[3] The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Township shall determine the present worth equivalents, which shall be subject to the approval of the Board of Supervisors.

(b) If a BMP or conveyance is proposed that also serves as a recreational facility (e.g., ball field or lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational purpose.

(c) If at some future time, a BMP or conveyance (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning or demolishing the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment or demolition will be used for inspection, maintenance, and operation of the receiving stormwater management system.

(d) If a BMP or conveyance is accepted by the Township for dedication, the Township may require persons installing the BMP or conveyance to pay a specified amount to the Township Stormwater Control and BMP Operation and Maintenance Fund to help cover the costs of operations and maintenance activities. The amount may be determined as follows:

[1] The amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Township; and

[2] The amount shall then be converted to present worth of the annual series values.

(7) SWM site plan review and inspection fees. Fees shall be established on a yearly basis each January by Township resolution, or as otherwise allowed by law to defray plan review and construction inspection costs incurred by the Township. All fees shall be paid by the applicant at the time of SWM site plan submission.

[Added 12-12-2022 by Ord. No. 3-2022]

[1] Editor's Note: This ordinance also repealed former Subsection E, regarding written approval, added 7-18-2011 by Ord. No. 7-2011.